Legal Question in Family Law in New York

I am living in the house that my x and I both own. I pay full expenses of the house and it has been on the market for 1.5 years. Due to the market we had lowered it by 50k and now need to lower it again another 50k. The new price would be 399k and we owe 331k. It is January and I am moving out in June and getting married. My x has refused to lower the price of the house and work with me. (1) can I get him off the decision making of selling this house and possibly the profit (2) Is he responsible for 1/2 the mortgage if I am not living in it. (2 kids). thanks,


Asked on 1/26/10, 11:48 am

1 Answer from Attorneys
Rory Alarcon Rory Alarcon, Esq.

The terms of sale should be included within any stipulation of settlement that you have signed or an order of the court made in the event you did not. Check that order or document. If your agreement was complete, then provisions should have been made to govern your situation. In any case, your judgment / stipulation should at least provide information regarding who is required to make mortgage payments. As far as whether you would be due for 1/2 the mortgage if you do not live in the home, unless your agreement says otherwise, your mortgage remains due, and you would have to pay your share regardless of whether you occupy the home or not.

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Answered on 1/31/10, 3:39 pm


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